Act No. 39 / 2015 Coll.
Act amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and Amendment of Certain Related Laws (Act on Environmental Impact Assessment), as amended, and other Related Laws
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Effective from 01.04.2015
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39
THE LAW
of 10 February 2015
amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and amending certain related laws (Act on Environmental Impact Assessment), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Environmental Impact Assessment Act
Act No. 100 / 2001 Coll., on Environmental Impact Assessment and Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as amended by Act No. 93 / 2004 Coll., Act No. 163 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 216 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 436 / 2009 Coll., Act No. 38 / 2012 Coll., Act No. 85 / 2012 Coll., Act No. 167 / 2012 Coll., and Act No. 350 / 2012 Coll., is amended as follows:
1. In Article 3, at the end of point (f), the dot is replaced by a comma and the following points (g) to (j) are added:
"(g) a follow-up procedure in which a decision is taken under specific legislation1a) authorising the location or execution of a project under that law;
(h) by one or more persons,
(i) the public concerned:
1. a person who may be affected by a decision given in the subsequent proceedings in his rights or obligations;
2. a legal person governed by private law whose activity under the founding act is the protection of the environment or public health and whose principal activity is not an enterprise or other gainful activity which has been established at least 3 years before the date of publication of the information relating to the follow-up proceedings referred to in Article 9b (1), or, where appropriate, before the date of the decision referred to in Article 7 (6), or supported by its signatures by at least 200 persons;
(j) supporting a signed instrument with signatures of at least 200 persons.
(1a) For example, Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended, Act No. 76 / 2002 Coll., on Integrated Pollution Prevention and Restriction, on Integrated Pollution Register (Water Act), as amended, Act No. 266 / 1994 Coll., as amended, and Act No. 49 / 1997 Coll., on Civil Aviation and Amendment and Act No. 455 / 1991 Coll.
2. In Article 4 (1) (b), the words "which could have a significant negative impact on the environment, in particular 'shall be inserted after the words" category I'.
3. In Article 4 (1) (c), the words "which could have a significant negative impact on the environment, in particular 'shall be inserted after the words" if mentioned'.
4. In Article 4, at the end of paragraph 1, the dot is replaced by a comma and the following point (f) is added:
"(f) changes to the project which, according to the binding opinion of the competent authority issued pursuant to Paragraph 9a (4), could have significant negative effects on the environment; such changes to the projects shall be subject to assessment where provided for in the investigation procedure. ';
5. Paragraph 6 (7) reads as follows:
"(7) The public, the public concerned, the administrative authorities concerned and the local authorities concerned may send written observations on the notification to the competent authority within 20 days of the date of publication of the notification information. The comments sent after the deadline by the competent authority need not be taken into account. ';
6.
Detection procedure
(1) The purpose of the investigation procedure for the projects and changes in the projects referred to in Article 4 (1) (a) is to specify the information which is appropriate to be included in the dossier, taking into account:
(a) the nature of a particular project or type of project;
(b) environmental factors referred to in Article 2 which may be affected by the implementation of the project;
(c) the current state of knowledge and assessment methods.
(2) For the purposes and changes of the projects referred to in Article 4 (1) (b) to (f), the purpose of the investigation procedure is to establish whether the project or its change may have a significant impact on the environment, or whether the project, alone or in conjunction with others, may have a significant impact on the territory of a European site or bird area and whether it will be assessed under this law. If such an assessment results in the finding that the project is to be assessed under this law, the investigation procedure shall also be the subject of the specification referred to in paragraph 1.
(3) The investigation procedure shall be initiated on the basis of a notification and shall be carried out in accordance with the principles set out in Annex 2 to this Law. In determining whether a project or change of intention may have significant environmental effects, the competent authority shall always take into account:
(a) the nature and extent of the project and its location;
(b) the circumstances in which the intention or change of intention by capacity reaches the limit values set out for projects of the species concerned in Annex 1 to this Act of Category II;
(c) the comments received by the public, the public concerned, the administrative offices concerned and the local authorities concerned.
(4) The investigation procedure shall be terminated by the competent authority no later than 45 days after the date of publication of the notification information referred to in Article 16. The competent authority shall immediately forward the reasoned written conclusion to the notifier and publish it in accordance with Article 16.
(5) If the competent authority concludes that the project referred to in paragraph 2 is to be assessed under this Act, it shall draw a reasoned written conclusion on this, containing the essential elements of the project within the scope of points B.I.1. to B.I.4. and B.I.6. of Annex 3 to this Act and the considerations followed in the assessment of the principles set out in Annex 2 to this Act.
(6) If the competent authority concludes that the intention or its amendment will not be assessed under this law, it shall take a decision thereon, which shall be the first action in the proceedings. The decision shall specify the essential elements of the project within the scope of points B.I.1. to B.I.4. and B.I.6. of Annex 3 to this Act and the considerations followed by the competent authority in assessing the principles set out in Annex 2 to this Act. The decision shall be published in accordance with Article 16 and served by a public order. The notifier and the public concerned referred to in Article 3 (i) (2) shall have the right to appeal against the decision. Compliance with the conditions laid down in Article 3 (i) (2) shall be demonstrated by the public concerned in the appeal.
(7) Where a notification with the particulars referred to in Annex 4 to this Act has been submitted and no reasoned disagreement has been received by the competent authority, it may, in the reasoned written conclusion of the investigation procedure, provide that the dossier is not to be processed and the notification shall be considered as a dossier. Otherwise, the competent authority shall, on the basis of the observations referred to in the first sentence in the reasoned written conclusion of the investigation procedure, determine the scope of the completion of the notification in order to replace the documentation.
(8) In the reasoned written conclusion of the investigation procedure, the competent authority may propose the processing of variants of the design solution which, as a general rule, differ in the location, capacity, technology used or the moment of implementation, provided that their implementation is effective and technically possible.
(9) The public concerned referred to in Paragraph 3 (i) (2) may, by an action, seek the annulment of a decision given in the investigation procedure that the intention or its amendment will not be assessed under that law and challenge the substantive or procedural legality of that decision. For the purposes of the procedure set out in the first sentence, the public concerned referred to in Article 3 (i) (2) shall be deemed to have rights on which a decision taken in the investigation procedure may be based that the intention or amendment of the measure will not be assessed under this law.
(10) An action against a decision given in the investigation procedure shall be decided by the court within 90 days of the date on which the action was brought to the court. '
7. Paragraph 8 (3) reads as follows:
"(3) The public, the public concerned, the administrative authorities concerned and the local authorities concerned may comment on the dossier with the competent authority within 30 days of the publication of the information on the dossier. Comments sent after the deadline by the Authority need not be taken into account. ';
8. Paragraph 9 (8) reads as follows:
"(8) The public, the public concerned, the administrative authorities concerned and the local authorities concerned may send a written statement of opinion to the competent authority within 30 days of the date of publication of the information referred to therein or, where appropriate, at a public hearing pursuant to Article 17. The Authority may not take into account the observations sent after the expiry of that period in the next procedure. '
9. The following Sections 9a to 9e are inserted after Section 9, including the headings:
Binding opinion on the assessment of the environmental effects of the implementation of the project
(1) The competent authority shall, on the basis of the documentation and, where appropriate, the notification, assessment and public consultation referred to in Article 17, and the comments made on them, issue a binding opinion on the assessment of the effects of the implementation of the project on the environment (hereinafter referred to as the opinion) within 30 days of the expiry of the deadline for the opinion. The elements of the opinion are set out in Annex 6 to this Act.
(2) The competent authority shall send the opinion to the notifier, the administrative authorities concerned and the local authorities concerned and shall ensure that it is published in accordance with Article 16.
(3) The opinion is the basis for a decision under specific legislation. The opinion shall be submitted by the notifier in the application as one of the supporting documents for follow-up proceedings under these rules. The validity of the opinion shall be 5 years from the date of its issue. The validity of the opinion may be extended by 5 years at the request of the notifier, even repeatedly if the notifier demonstrates in writing that there have been no significant changes in the implementation of the project, the conditions in the territory concerned, the new knowledge related to the material content of the dossier and the development of new technologies available in the project. This period shall be suspended if a follow-up procedure has been initiated under specific legislation1a).
(4) At least 30 days before the request to initiate the follow-up procedure, the notifier shall submit to the competent authority documentation for the relevant follow-up procedure, including a full description of any changes to the project on which the opinion has been given. The competent authority shall, on the basis of a notice of initiation sent to that authority by the administrative authority responsible for conducting the follow-up procedure, verify any intention and issue a dissenting binding opinion where there have been changes in the project which could have a significant negative impact on the environment, in particular to increase its capacity and scope or change its technology, traffic management or use. These changes are subject to assessment under Article 4 (1) (f). The competent authority shall not issue a binding opinion if there have been no changes to the project under the second sentence. The competent authority may also issue an unsatisfactory binding opinion if the documentation referred to in the first sentence has not been transmitted in time or if the description of any changes is incomplete.
(5) The competent authority shall issue a binding opinion on the verification of changes to the project whenever it is a follow-up procedure for the construction process and also where the follow-up procedure is a procedure for the modification of the construction before it is completed.
Follow-up proceedings
(1) The administrative authority responsible for conducting the follow-up procedure shall publish, in accordance with the procedure laid down in Article 25 of the Administrative Regulation, together with the notice of initiation of the procedure:
(a) the request, together with a warning that it is an intention assessed under this Act, or a project subject to an environmental impact assessment beyond the Czech Republic, together with information where the relevant documentation for the follow-up proceedings can be consulted;
(b) information on the subject matter and nature of the decision to be given in the subsequent proceedings;
(c) information on where documents issued in the course of the assessment may be made available, published pursuant to Article 16;
(d) information on the conditions under which the public is involved in the procedure referred to in Article 9c (1) and under specific legislation, meaning, in particular, information on the place and time of any public oral hearing, the time limit for making comments to the public on the intention and, where appropriate, the consequences of missing such a time limit, whether and, where appropriate, by which the public may consult the documents of the decisions, the authorities concerned and information on the possibilities for the public concerned to participate in the follow-up proceedings pursuant to Article 9c (3) and (4).
The information shall be deemed to be published on the official plate of the administrative department conducting the follow-up proceedings. The information shall be posted for 30 days.
(2) The administrative authority responsible for conducting the follow-up procedure, in cooperation with the authorities concerned, shall, at the request of the applicant for a decision in the follow-up procedure, provide, at any time before its initiation, preliminary information on the data and supporting documents to be submitted by the applicant for a decision. The provisional information provided shall be valid for 1 year from the date of issue.
(3) A follow-up procedure shall always be deemed to have a large number of participants in accordance with the administrative rules.
(4) The administrative authority responsible for conducting the follow-up proceedings shall ensure that, in the course of the proceedings, the disclosure of:
(a) the observations and binding opinions of the authorities concerned which have been issued for the purposes of the follow-up procedure;
(b) other documents for the adoption of a decision, if the administrative authority considers it appropriate.
(5) The administrative authority in its decision-making in the follow-up proceedings as regards the supporting documents for the decision-making procedure is also based on documentation and, where appropriate, notification, comments to the public, the State concerned's observations in the inter-state assessment provided for in Article 13 and the results of the public oral hearing, if any.
(1) The public may make comments on the intention in the subsequent proceedings. Comments may be made within 30 days of the publication of the information referred to in Article 9b (1) on the official plate, unless the specific legislation or administrative authority responsible for conducting the proceedings provides for a longer period.
(2) The administrative authority shall include in the justification of its decision the settlement of comments to the public.
(3) Where a written notification is submitted to the administrative authority conducting the follow-up proceedings within 30 days of the date of publication of the information referred to in Article 9b (1), it shall also become a party to the follow-up proceedings.
(a) the municipality concerned by the intention; or
(b) the public concerned referred to in Article 3 (i) (2).
(4) An appeal against a decision given in the subsequent proceedings may also be lodged by the public concerned referred to in Article 3 (i) (2), even if it was not a party to the proceedings at first instance.
(5) Compliance with the conditions laid down in Article 3 (i) (2) shall be demonstrated by the public concerned in the written notification referred to in paragraph 3 or in the appeal referred to in paragraph 4.
(1) The public concerned referred to in Article 3 (i) (2) may seek the annulment of a decision given in the subsequent proceedings and challenge the substantive or procedural legality of that decision. For the purposes of the first sentence, the public concerned referred to in Article 3 (i) (2) shall be deemed to have rights on which a decision given in the subsequent proceedings may be reduced.
(2) Actions against decisions given in subsequent proceedings shall be decided by the court within 90 days of the date on which the action was brought. The Court of First Instance shall decide, on its own motion, whether to grant suspensory effect by an action or for interim measures under the administrative rules. The Court of First Instance shall grant the action a suspensive effect or order interim measures where there is a risk that serious damage to the environment may occur by implementing the intention.
Forms supporting signatures
The heading supporting the signature documents and each of its numbered signature sheets shall indicate at least the name of the project and the fact that the instrument is intended to support:
(a) the submission of a written notification by which the public concerned has applied to participate in the follow-up proceedings; or
(b) an appeal against a decision pursuant to Article 7 (6) or a decision given in subsequent proceedings.
Any person supporting the submission of a written notification or appeal shall indicate on the signature sheet his name, surname, date of birth and address of the place of residence and attach his own handwritten signature. The supporting signature document may be used for any follow-up to the project. ';
10. Article 10, including the title, shall be deleted;
11. in Paragraph 10i, paragraph 2 is deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
12. in Article 13 (1), the words "under this law" shall be replaced by the words "including the designation of the competent authority which ensures the interstate assessment of the project."
13. in Paragraph 13 (6):
"(6) The Ministry shall send an opinion to the State concerned within 15 days of its issue. It shall also be required to send him the information referred to in Articles 9b (1) and 9b (4) (a) and the decision referred to in Article 9a (3) within 15 days of their receipt. Such information and decisions shall be sent by the administrative authorities to the Ministry as the authority concerned on the basis of the request in the opinion or on the basis of the request. ';
14. in Paragraph 14 (2):
"(2) The public is entitled to submit written observations on the notification to the Ministry within 15 days of the date of publication of the information on the notification. The Ministry shall forward all observations together with its observations to the State of origin within 30 days of the date of publication of the notification referred to in paragraph 1. ';
15. in Article 14 (5), the words "Everyone is entitled" shall be replaced by the words "The public is entitled."
16. in Article 16 (3) (a), the words "and" shall be replaced by a dot and point (c) shall be deleted;
17. in Article 18 (3), "Section 10" is replaced by "Section 9a" and at the end of the text the words "and 2" are deleted.
18. in § 19 (1) and (10), the words "§ 7 (4)" are replaced by the words "§ 7 (7)";
19. in Paragraph 21, at the end of point (l), the dot is replaced by a comma and the following point (m) is added:
"(m) publish, in a manner which allows remote access, information on the possibilities of seeking annulment of a decision pursuant to Article 7 (6) or Article 9a (3)."
20. In Article 23, paragraphs 9 to 11 and 14 are deleted.
Paragraphs 12 and 13 shall become paragraphs 9 and 10 and paragraph 15 shall become paragraph 11.
221.Paragraph 24 (2) shall be deleted;
The existing designation of paragraph 1 shall be deleted.
22. In Annex 1, category I, point 1.1, in the part of the PROJECT:
"1.1. Permanent or temporary deforestation or afforestation of non-forest land over 25 ha. ';
23. In Annex 1, Category I, point 1.7, in the part of the PROJECTION:
"1.7. An intensive poultry or pig establishment with more than:
(a) 85 000 places for chickens, 60 000 places for chickens;
(b) 3,000 places for pigs for slaughter (over 30 kg); or
(c) 900 places for sows. ';
24. In Annex 1, Category I, point 2.3, in the part of the PROJECT:
"2.3. Mining of other minerals in the new mining area.
Mining of other mineral materials over 25 ha.
Mining of peat in areas over 150 ha. '
25. In Annex 1, Category I, point 10.1, in the part of the PROJECT:
"10.1. Equipment for the disposal or recovery of hazardous waste by incineration, physical-chemical treatment or landfill. ';
26. In Annex 1, Category I, point 10.2, in the part of the PROJECT:
"10.2. Equipment for the disposal or recovery of other waste by incineration or physical-chemical treatment with a capacity exceeding 100 tonnes / day. '
27. In Annex No 1, category II, point 1.1, the word "area 'is replaced by the words" or afforestation of non-forest land on the area'.
28. In Annex No 1, category II, point 1.5, in the part of the PROJECT:
"1.5 Intensive livestock establishments with a capacity of 50 livestock units (1 livestock unit = 500 kg live weight) (projects not listed in Category I). ';
29. In Annex No 1, Category II, point 2.5, in the part of the PROJECT:
"2.5. Mining of other minerals in the area from 5 to 25 ha; extraction of peat in the area up to 150 ha (projects not mentioned in Category I). '
30. In Annex No 1, category II, point 5.4, the words "with consumption 'are replaced by the words" in particular if consumption is envisaged' and the word "preparations' is replaced by the words" mixtures'.
31. In Annex 1, Category II, point 10.1, in the part of the PROJECT:
"10.1. Equipment for disposal or industrial recovery (projects not listed in Category I). ';
32. In Annex No 1, Category II, point 10.6, in the part of the PROJECT:
"10.6 New industrial zones and projects for the development of industrial areas over 20 ha. The objectives of urban development over 5 ha. Construction of warehouse complexes with a total area over 10,000 m2 of built-up area. Construction of commercial complexes and shopping centres with a total area over 6 000 m2 of built-up area.
Parking or garage with capacity above 500 parking spaces in total for the whole construction. "
33. In Annex No 1, category II, point 10.13, in the part "5 000 m2 '," 2 ha' is replaced by "2 ha '.
34. In Annex 2, Part In point 5, the words "public health effects' are replaced by the words" disruptive effects'.
35. In Annex No 2, Part II, point 3, the words ", wetlands and mountain areas and forests' shall be added at the end of the text in point (d).
36. In Annex 3, Part B, point 9, the words "Paragraph 10 (4) and administrative offices' are replaced by the words" Section 9a (3) and administrative departments'.
37. In Annex 3, Part D, point 4 reads as follows:
"4. The characteristics of the measures to prevent, eliminate and reduce any significant adverse effects on the environment and a description of the compensation, where possible because of the project '.
38. In Annex 3a, Part III, point 3, "Paragraph 10 (4) 'is replaced by" Paragraph 9a (3)'.
39. In Annex No 4, Part B, point I (9), the words "Paragraph 10 (4) and administrative offices' are replaced by the words" Paragraph 9a (3) and administrative authorities'.
40. In Annex 4, Part D, point IV is replaced by the following:
"IV. Characterisation of measures to prevent, eliminate and reduce any significant adverse effects on the environment and description of compensation, if possible because of the intention."
41. In Annex No 4, Part D, point VI, the words "knowledge and uncertainty gaps' are replaced by the words" all difficulties (technical or knowledge deficiencies) ';
(42) Annex 6 shall read as follows:
"Annex 6 to Act No. 100 / 2001 Coll.
Forms of opinion
Competent authority designation:
Reference number:
I. OBLIGATIONS
1. Name of the project
2. Capacity (scope) of the project
3. Classification of the project according to Annex 1
4. Location of the project
5. Company of the notifier
6. Notification ID
7. Reportable's seat (residence)
8. Conditions for the design phase, the implementation (construction) of the project, the operation of the project, and, where applicable, the conditions for the closure phase of the project for the purpose of preventing, excluding, reducing or compensating for adverse effects of the project, including obligations and conditions for monitoring and analysing environmental effects
II. GROUNDS
1. Justification for the issue of a consensual / opposition opinion, including justification for the determination of those conditions
2. Summary of expected environmental effects in terms of their size and significance
3. Evaluation of the technical solution of the project with regard to the degree of knowledge achieved with regard to environmental pollution
4. Order of variants (if submitted) in terms of environmental effects
5. Overall environmental impact assessment process
6. List of bodies whose comments are partially or wholly included in the binding opinion
7. Settlement of comments on documentation (notification)
8. Settlement of comments on the opinion
Date of issue of the binding opinion:
Copy of the stamp of the competent authority:
Name, surname and signature of authorised representative of the competent authority: '.
Transitional provisions
1. For opinions on the impact of the implementation of an environmental project issued before the date of entry into force of this Act, the competent authority shall, on the basis of a notice of initiation sent to that authority by the administrative authority responsible for conducting the follow-up procedure or on the basis of a request from the notifier before the start of the follow-up procedure, issue a consensual binding opinion after verifying that their content is in accordance with the requirements of the legislation transposing Directive 2011 / 92 / EU of the European Parliament and of the Council. The competent authority shall at the same time specify in the binding opinion referred to in the first sentence which of the conditions set out in the opinion on the assessment of the effects of the implementation of the project on the environment the administrative authorities responsible for conducting subsequent proceedings are required to include in their decisions. If it is not possible to issue a consensual binding opinion under the first sentence, the intention must be the subject of a reassessment pursuant to § 4 of Act No. 100 / 2001 Coll., on the assessment of environmental effects and on the amendment of certain related laws (Act on Environmental Impact Assessment), as effective after the date of entry into force of this Act. A binding opinion under the first sentence shall be given for a decision in the subsequent proceedings following the entry into force of this Law; This binding opinion shall also apply to decisions in subsequent proceedings. If the competent authority also issues a binding opinion pursuant to § 9a paragraphs 4 and 5 of Act No. 100 / 2001 Coll., as effective from the date of entry into force of this Act, the two procedures may be combined and only one binding opinion may be issued.
2. The follow-up proceedings initiated before the date of entry into force of this Act shall be governed by Sections 9a paragraphs 4 and 5 and Sections 9b to 9d of Act No. 100 / 2001 Coll., as effective from the date of entry into force. Within 30 days of the date of entry into force of this Act, the administrative authority responsible for conducting the follow-up proceedings initiated before the date of entry into force of this Act shall ensure the publication of the information pursuant to Article 9b (1) of Act No. 100 / 2001 Coll., as effective from the date of entry into force of this Act, which has not yet been published, unless the time limit for the application of binding opinions by the authorities concerned, objections to the parties and observations has expired. Proceedings initiated before the date of entry into force of this Act shall be completed in accordance with the existing legislation.
Amendment of the Nature and Landscape Conservation Act
In Article 70 (2) of Act No. 114 / 1992 Coll., on Nature Protection and Landscape Protection, as amended by Act No. 218 / 2004 Coll., the first sentence is added at the end of the text, "except for the subsequent environmental impact assessment procedure under § 3 (g) of the Environmental Impact Assessment Act '.
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Regulation Information
| Citation | Act No. 39 / 2015 Coll., amending Act No. 100 / 2001 Coll., on Environmental Impact Assessment and on the Amendment of Certain Related Acts (Act on Environmental Impact Assessment), as amended, and other Related Acts |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.03.2015 |
|---|---|
| Effective from | 01.04.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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